04 - 06 July 2018

Intellectual Property Ownership as a Determinant Factor in Legal Competitive Assessments [archived]

Introduction Top

The training on intellectual property ownership as a determinant factor in legal competitive assessments was held on 04-06 July 2018 at RIU Pravets Golf & SPA Resort, Pravets. 24 national judges attended the training.

The training took a step further the idea of legitimate business practices in the domain of exclusive ownership and open innovation in intellectual property as opposed to traditional processes of encapsulating innovation within a company’s internal structure. 

This training considered the role of IP ownership as a determinant factor in legal competitive assessments. Within 3 consecutive days judges the Supreme Administrative Court, the appellate courts and the district courts, discussed the relationship between innovation and competition in dynamic markets, the economic and legal constraints arising from IP ownership, the role of licence agreements, compulsory licencing and technology transfer block exemptions, etc. The training also referred to the link between intellectual property and online markets by presenting the legal challenges of online distribution of digital content and cross-border management of intellectual property and will consider the advantages and disadvantages of open innovation for competition.

According to participants’ feedback, the strongest accents in the training were its practical approach, the timing of the event with respect to the hot topics an case studies discussed, and speakers' expertise and experience. The quality of the training materials and the overall event organisation were also positively assessed.

Agenda Top

Day 1, 04 July 2018 (Wednesday)

Time            Subject
08:30 – 09:00

Registration of Participants in Day 1 and Provision of Materials

09:00 – 09:15

Welcome Speech and Introduction to the Project and Its Activities by the Project Manager

Alexandra Tsvetkova, Director of LIBRe Foundation

Module 1. Relationship between Innovation and Competition in Dynamic Markets
09:15 – 10:45

Difference between invention and innovation

Disruptive effect of innovations in the digital sector

Measuring the level of innovation in a particular industry market as a proxy for the likelihood of entrenched monopolies (rise and fall of MySpace)

Innovation and Intellectual Property (IP) as an asset for ensuring long-term profitability

Speaker: Dimitar Iliev, Expert in Competition Law
10:45 – 11:00 Coffee Break
Module 2. License Agreements and Competition Law
11:00 – 12:30

License Аgreements and Article 101 TFEU

Regulation (EU) No 316/2014 and block exemptions for licence agreements

Definition for ‘technology transfer agreement’

Hardcore restrictions

Restrictions which fall out of the scope of the block exemption

Speaker: Dimitar Iliev, Expert in Competition Law
12:30 - 13:30 Lunch
13:30 – 15:00

License Аgreements and Article 102 TFEU

Refusal to grant license and compulsory licensing

Essential facility doctrine: standards for application in the EU

Speaker: Dimitar Iliev, Expert in Competition Law
15:00 – 15:30 Coffee Break
Module 3. Competitive Restraints and (Unilateral) Exploitation of IP Rights (Article 102 TFEU)
15:30 – 17:30

Introduction: Exclusive nature of IP rights, free competition and competition law policy (Internal Market perspective)

Case law of the ECJ on Article 102 TFEU and exploitation of IPRs: IMS Health, Magill, Microsoft cases

The extension of the scope of Article 102 TFEU: Astra Zeneca case; ITT Promedia case and the delicate question of so-called ‘patent trolls’

Discussion: Policy implications?

Speaker: Amandine Leonard, Doctoral Researcher at the KU Leuven Centre for IT & IP Law (CITIP)
19:00 – 22:00 Dinner

Day 2, 05 July 2018 (Thursday)

Time         Subject
08:30 – 09:00  

Registration of Participants in Day 2

Module 4. Online Distribution of Digital Content
09:00 – 10:30

Technological, temporal and territorial restrictive clauses in copyright licenses. Permissibility under Article 101 TFEU

Long-term nature of copyright agreements as a barrier for entry

Speaker: Dimitar Iliev, Expert in Competition Law
10:30 – 11:00 Coffee Break
11:00 - 12:30

Cross-border management of IPR and geoblocking

Geo-blocking clauses in exclusivity agreements and permissibility under Article 101 (1) TFEU: copyright restraints (Murphy and Coditel), de facto bans on internet sales

Justifications of geo-blocking and the proposal for Geoblocking Regulation

Speaker: Dimitar Iliev, Expert in Competition Law
12:30 - 13:30 Lunch
Module 5. IP-related Specifics
13:30 – 15:00

Injunctive Relief for Holders of Standard Essential Patents (SEPs), FRAND Licensing Terms and the Role of Standard Setting Organizations (SSO)

Role of SEPs, FRAND and SSO in today’s economy

Limits to injunctive relief for SEP owners and competition law justifications: Samsung and Motorola cases (Commission decisions); Huawei v. ZTE (ECJ decision); Application of Huawei v. ZTE at the national level (review of recent cases) 

Updating SSO’s FRAND policies as a tool for mitigating anti-competitive conduct; Role of SSOs and the recent change in policy of IEEE (US)

Speaker: Amandine Leonard, Doctoral Researcher at the KU Leuven Centre for IT & IP Law (CITIP)
15:00 – 15:30 Coffee Break
15:30 – 17:30

Relevant Case Law and Aspects of Digital Monopolies (e.g. Tying, Price Fixing, etc.)

Speaker: Dimitar Iliev, Expert in IPR and Competition Law
19:00 – 22:00 Dinner

Day 3, 06 July 2018 (Friday)

Time              Subject
08:30 – 09:00

Registration of Participants in Day 3

Module 6. Open innovation. Inside-out, outside-in and coupled open innovation processes
09:00 – 10:30

Open Innovation - Inside-out, Outside-in and Coupled Open Innovation Processes. Motives and Risks to Engage in Each Type of Process

Speaker: Arina Gorbatyuk, Doctoral Researcher at at the KU Leuven Center for IT and IP Law (CiTiP)
10:30 – 11:00 Coffee Break
Module 7. Article 101 TFEU and Open Innovation
11:00 – 12:30

Article 101 TFEU and Open Innovation

Relevant Block Exemption Regulations

TTBER

Regulation (EU) No 1217/2010 of 14 December 2010 on the application of Article 101(3) of the Treaty on the functioning of the European Union to categories of research and development agreements

Regulation (EU) No 1218/2010 of 14 December 2010 on the application of Article 101(3) of the Treaty on the Functioning of the European Union to certain categories of specialization agreements Text with EEA relevance

Regulation (EC) No 139/2004 of 20 January 2004 on the control of concentrations between undertakings (the EC Merger Regulation)

Speaker: Arina Gorbatyuk, Doctoral Researcher at at the KU Leuven Center for IT and IP Law (CiTiP)
12:30 - 13:30 Lunch
Module 7. Article 101 TFEU and Open Innovation (continue)
13:30 – 15:00

Article 101 TFEU and Open Innovation

Relevant Block Exemption Regulations

Speaker: Arina Gorbatyuk, Doctoral Researcher at at the KU Leuven Center for IT and IP Law (CiTiP)
15:00 Closure of the Event

Venue Top

The training on intellectual property ownership as a determinant factor in legal competitive assessments was held on 04-06 July 2018 at RIU Pravets Golf & SPA Resort, Pravets. The Complex is situated at a picturesque lake in the vicinity of Pravts town, with a close distance (less than hour) to the capital - Sofia.

LIBRe Foundation provided each participant in the training with hotel accommodation (3 nights for the period 03.07.2018 – 05.07.2018, including breakfast and tourist tax for a single-room accommodation), as well as lunches, dinners, and coffee breaks for each training day, in accordance with the training schedule. The participant package included also free use of thermal zone, SPA centre, inside swimming pool, fitness centre, and Internet.

Each participant was reimbursed for their travel costs for train, bus or work/personal vehicle.

Speakers Top

Arina Gorbatyuk is a PhD Fellow of the Research Foundation Flanders (FWO) at the KU Leuven Center for IT and IP Law (CiTiP). Arina writes her PhD thesis entitled ‘Rethinking IP Ownership in the Context of Open Innovation’ under the supervision of Prof. Geertrui Van Overwalle (CiTiP) and Prof. Esther van Zimmeren (University of Antwerp). In her research she focuses on the challenges collaborating partners encounter while allocating the ownership of jointly developed IP, in particular patents and trade secrets. Arina joined the centre in October 2012 as a researcher within the interdisciplinary research program ‘Open Innovation: The Interaction between Legal Architectures & Innovation Strategies’ of the СiTiP and the Department of Managerial Economics, Strategy and Innovation (MSI, KU Leuven). From October 2012 until September 2015 she was also involved in a consultancy project for the European Space Agency (ESA) on IP Ownership and Rights of Use in ESA. In 2013 and 2014 she coached a KU Leuven team for the ICC International Commercial Mediation Competition in Paris. Since January 2015 Arina co-coordinates a course ‘Problems of IP and ICT in Practice’ of the LL.M. in IP Rights and ICT Law.

Amandine Léonard obtained her Master of Laws with a specialization in business law (cum laude) in 2012 from the University of Liège. In 2013 she completed the LLM program of the Liège Competition and Innovation Institute (LCII) in European Competition law and Intellectual Property (magna cum laude). Her particular fields of interests are: the fundamental rationale and objective of intellectual property laws (patent, copyright and trademark), the approach adopted by the United States and European countries regarding intellectual property laws and their limitations and exceptions, as well as the interface between competition law and intellectual property law. Since October 2013, Amandine is a legal researcher at the KU Leuven Centre for IT & IP Law. In January 2015, she obtained a PhD Scholarship from “Flanders Innovation & Entrepreneurship” (VLAIO) to work on the topic of “Abusive patent litigation in Europe – The prohibition of abuse of rights and patent trolls”. During her PhD she will investigate patent litigation strategies adopted by patent holders both in the currently spread patent litigation system of Europe, and in the future Unitary Patent Package system.

Dimitar Iliev is an expert in Competition Law and Intellectual Property Rights with extensive experience in both private and public sector and specializations in EU Law and European litigation. He worked as an expert at the Bulgarian Commission on Protection of Competition for over four years (2012-2016); and continued his career in the Patent Office of the Republic in Bulgaria. Currently, he is a national expert in EUIPO in Alicante, Spain.

Video (by Modules) Top

Day 1, 4 July 2018

  • Relationship between Innovation and Competition in Dynamic Markets, Dimitar Iliev (available only in Bulgarian)
  • License Agreements and Competition Law (part 1), Dimitar Iliev (available only in Bulgarian)
  • License Agreements and Competition Law (part 2), Dimitar Iliev (available only in Bulgarian)
  • Competitive Restraints and (Unilateral) Exploitation of IP Rights (Article 102 TFEU), Amandine Leonard. Note: To access the video, one must have a username and password. For questions, please contact the project team.

Day 2, 5 July 2018

  • Online Distribution of Digital Content (part 1), Dimitar Iliev (available only in Bulgarian)

 

  • Online Distribution of Digital Content (part 2), Dimitar Iliev (available only in Bulgarian)

 

  • Injunctive Relief for Holders of Standard Essential Patents (SEPs), FRAND Licensing Terms and the Role of Standard Setting Organizations (SSO), Amandine Leonard. Note: To access the video, one must have a username and password. For questions, please contact the project team.

  • Relevant Case Law and Aspects of Digital Monopolies (e.g. Tying, Price Fixing, etc.), Dimitar Iliev (available only in Bulgarian)

 

Day 3, 6 July 2018

  • Open Innovation - Inside-out, Outside-in and Coupled Open Innovation Processes. Motives and Risks to Engage in Each Type of Process, Arina Gorbatyuk. Note: To access the video, one must have a username and password. For questions, please contact the project team.

  • Article 101 TFEU and Open Innovation (part 1), Arina Gorbatyuk. Note: To access the video, one must have a username and password. For questions, please contact the project team.

  • Article 101 TFEU and Open Innovation (part 2), Arina Gorbatyuk. Note: To access the video, one must have a username and password. For questions, please contact the project team.

Training Proceedings Top

"Intellectual Property Ownership as a Determinant Factor in Legal Competitive Assessments" Training Proceedings presents the spakers' and project team's efforts to further enhance the training conducted in July 2018 by providing additional materials and guidance on the topics discussed. The training proceedings include:

'Relationship between Innovation and Competition in Dynamic Markets' by Dimitar Iliev (only in Bulgarian)

'License Аgreements and Article 101 TFEU' by Dimitar Iliev (only in Bulgarian)

'License Аgreements and Article 102 TFEU' by Dimitar Iliev (only in Bulgarian)

'Competitive Restraints and (Unilateral) Exploitation of IP Rights (Article 102 TFEU)' by Amandine Leonard

'Online Distribution of Digital Content' by Dimitar Iliev (only in Bulgarian)

'Injunctive Relief for Holders of Standard Essential Patents (SEPs), Fair Reasonable and Non-Discriminatory (FRAND) Licensing Terms and the Role of Standard Setting Organizations (SSO)' by Amandine Leonard

'Relevant Case Law and Aspects of Digital Monopolies' by Dimitar Iliev (only in Bulgarian)

'Open Innovation and Related Agreements' by Arina Gorbatyuk

'Open Innovation and EU Competition Law' by Arina Gorbatyuk

The texts are selected and prepared for publishing by the CONNECTOR project team in the face of Alexandra Tsvetkova, Project Manager.

The preparation and publication of these proceedings is organized and coordinated by LIBRe Foundation.

Further Information Top

For more information on the event or if you wish to change the submitted information related to your dates of arrival and departure, you could contact:

Alexandra Tsvetkova

 

 

Project Manager

 

 

GSM: (+359) 884 488 168

 

 

E-mail: office@constantproject.eu